Kelly Rutherford, who plays Lily van der Woodsen on Gossip Girl, has filed emergency papers with the Los Angeles Superior Court to ban her estranged husband David Giersch from leaving the country, Peoplereports. Rutherford claims she fears Giersch, who hails from Germany, will take their two-year-old Hermes out of the country.
In the emergency motion posted by E!, Rutherford states that "I feel there is some risk that he will leave the country with Hermes and I will not know where they are." Rutherford also claims that Giersch "has a history during our marriage of getting angry with me and leaving without telling me where he is going."
Giersch filed a counter report in which he claims Rutherford "tried to hit me with an open fist" and "threw a laptop computer at me while we were in Hamburg." He says that he acts as Hermes' primary caregiver, and Rutherford (who is pregnant with their second kid) has a routine that includes "has weekly hair appointments for at least two hours, manicures, pedicures, shopping and the like."
A hearing has been scheduled for January 21st, with a judge recently denying Rutherford's recent request to take Hermes on a work trip.
Giersch told People through his attorney that "Ultimately I want both of my children to have a stable environment."